Mediation of Professional Negligence Claims

Liability and negligence claims against members of certain professions—such as law, healthcare, education, engineering, and accounting—are often perfect candidates for professional liability mediation. There are several reasons for this.

First, claims against professionals are likely to be submitted to an insurance carrier of liability coverage, and any claims involving insurance companies present their own unique problems. Insurance policies for professionals often set a maximum coverage limit that can be quickly eaten away by the exorbitant costs of litigation. NOT having to incur such costs – or sharply limiting them – by submitting the matter to mediation should preserve the coverage for resolution.

Second, cases involving professional liability or claims of professional negligence can be extremely detrimental to an individual’s professional reputation, as well as the reputation of the company they work for. For this reason, professional liability mediation becomes a much more attractive alternative dispute resolution process due to its confidential nature. In mediation, only the parties in will hear the details—all of which will be kept out of prying public eyes.

Third, a professional liability claim can end up costing a professional much more than his or her reputation—it can end up costing them valuable time and money if the case is taken to court. With crowded court dockets and rules regarding filing paperwork, a professional liability case can go on for months, even years. Added to that are expensive attorney fees and court fees that are always present in litigation, as well as the expense of work missed in order to resolve the case around the court’s schedule instead of your own. Mediation, however, is scheduled to meet your scheduling needs, and can often take place via video conference or within a few hours’ time, from start to finish.